Thai Civil Court issues injunction against PM’s decree banning fake news with censorship threat

[snoop1130]

AP Photo

 

On Friday, Thailand’s Civil Court issued an injunction to suspend Prime Minister Prayut Chan-o-cha’s ban on dissemination of fake and distorted news and fearmongering, with a threat of Internet censorship if violations are found, saying such an order is unlawful and restrictive in terms of rights and freedoms.

 

“Considering that Section 9 of the Emergency Decree on Public Administration in Emergency Situations B.E. 2548 (2005) (No.29) provides the Prime Minister no authorisation to suspend internet service provision, Article 2 of the regulation, authorising the suspension of internet service provision against the Internet Protocol address (IP Address), from which the user has disseminated the information, is not compatible with the Regulation and is contrary to the law,” reads the Civil Court’s press statement.

 

“It is the view of the Court that, considering the existence of several legal instruments establishing the measures concerning illegal dissemination of information and the government’s capability to educate people, develop public understanding and examine false information, the suspension of the enforcement of such Regulation does not pose any obstacle to public administration in emergency situations and the public interest,” the Court added.

 

Full Story: https://www.thaipbsworld.com/thai-civil-court-issues-injunction-against-pms-decree-banning-fake-news-with-censorship-threat/

 

-- © Copyright Thai PBS 2021-08-06

 

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[smedly]

interesting 

[Kevin Taylor]

Good for them.

[rodknock]

wow, someone stood up against PM, way to go.

hope this is the first in a long line.

[Denim]

Ah....ants biting elephants bum at last.  Just hope they don't get sat on.

 

( that is not a typo )

[mark131v]

Problem is when you have all the senators in your pocket then you can make up anything you want and there is <deleted> all the general population can do about it

 

That's the inherent problem with systematic corruption as demonstrated every day in Thailand, there is effectively no rule of law for the creatures in power hence they can stage a coup then write laws to stop themselves ever being punished for their crimes

 

That's the bit all of those applauding he coup missed and this everyday injustice is the direct result they will continue to say and do anything they want and the courts be damned...

[Golden Triangle]

Very good to see & hear, it's long overdue for the courts & other powers start eroding Mr Hilter's (  Monty Python reference ???? ) powers, I have a feeling that certain sections of the judiciary and other governing bodies & are more than a little miffed at this fools shenanigans. Hooray ????.

[candide]

From this and other clues, it seems the yellow/green network is not fully united any more.

[Scott Tracy]

It'll end in tears.

[khunpa]

Sounds like a judge who needs a small holiday at the “attitude adjustment camp”

[mark131v]

Nothing will happen until the people rise up and say enough is enough, that ain't happening any time soon so it's business as normal for the corrupt and lets face it all their leaders and judiciary are corrupt to greater or lesser degrees....

[robblok]

13 minutes ago, candide said:

From this and other clues, it seems the yellow/green network is not fully united any more.

Enough is enough of course. There are limits that people want to go to. Good signal IMHO. Its about time that laws will be made to benefit Thailand and just to protect those in power.

[ThailandRyan]

It will he appealed by the PM and Prawit I am sure if it.

[webfact]

Thai court suspends government order on 'false messages'

 

File photo: REUTERS/Chalinee Thirasupa

 

BANGKOK (Reuters) - A Thai court on Friday suspended the implementation of a government order to ban the dissemination of "false messages" and distorted news, ruling it breached individual rights and freedom enshrined in the constitution.

 

Media groups had filed a petition to revoke the order after accusing the government of intending to use it to crack down on criticism over its handing of the coronavirus pandemic.

 

The government had denied it was aimed at the media and Prime Minister Prayuth Chan-ocha said last week that the spread of fake news had become a major problem causing confusion in society and undermining the ability to manage the pandemic.

 

The order issued last week, which also empowered the state regulator to block internet access and take legal action against those it believed were spreading false news, came after the government faced a public backlash over its handling of the COVID-19 pandemic.

 

The Thailand Civil Court ruled that the order breached individual rights and freedom enshrined by the constitution and therefore could not be enforced, after 12 online media organisations filed a petition to the court this week.

 

In a statement, the court said the order could lead to "the deprivation of rights and freedom of the plaintiffs and people as protected by the constitution," and that the order's phrasing was ambiguous and "opens a possibility to a broad interpretation," which would limit freedom of expression.

 

The court also said the order, which would empower the state regulator to order service providers to block internet access to individual IP addresses, was unlawful. It therefore issued a temporary restraining order and preliminary injunction that suspended the order's enforcement.

 

Government spokesman Anucha Burapachaisri declined to comment on the court decision when contacted by Reuters.

 

Thailand is battling its deadliest surge of coronavirus infections yet, registering daily records in infections and deaths on Friday, heightening concerns over a sluggish vaccine rollout.

 

Authorities have been taking legal action against some people, including celebrities and social media influencers, who have criticised the pandemic response.

 

(Reporting by Panu Wongcha-um; Editing by Ed Davies and David Holmes)

 

-- © Copyright Reuters 2021-08-07

 

- Whatever you're going through, the Samaritans are here for you

- Follow ASEAN NOW on LINE for breaking COVID-19 updates

[Soikhaonoiken]

Pleased someone see sence... 

[RichardColeman]

11 minutes ago, webfact said:

The Thailand Civil Court ruled that the order breached individual rights and freedom enshrined by the constitution and therefore could not be enforced, after 12 online media organisations filed a petition to the court this week.

I feel some early retirements and replacements pending !

[Thaiwrath]

1 hour ago, webfact said:

causing confusion in society and undermining the ability to manage the pandemic.

Or, in this case, undermining his INABILITY to manage the pandemic !

[wasabi]

Calling him a fake prime minister is not fake news.

[bartender100]

What about the fake news from the PM Thailand will be fully open mid-October?

[pokerface1]

Prayut you can't steal business from the courts and lawyers. It's their business to settle disputes over what's truth and what is a lie.

[Gottfrid]

14 hours ago, ThailandRyan said:

It will he appealed by the PM and Prawit I am sure if it.

Yes, and they will certainly see to that a member of the team will take the next decision.

[DLock]

You have to smile at the idiocy when the powers that be suggest that they will "block access to IP addresses".

 

It just highlights how out of touch they are with reality and the impossibility of the threat.

[ukrules]

Anything can be deemed fake right up until the point that everyone knows it's not fake due to overwhelming proof.

 

Many things branded fake will turn out to be completely justified in the coming month or two.

 

It's going to be fun

[tifino]

10 hours ago, bartender100 said:

What about the fake news from the PM Thailand will be fully open mid-October?

welll... PM can jump back on to the bandwagon in the wake of the Civil Court Ruling! - by virtue of the very meaning of the Ruling, he can now ensure his own fake news never gets taken down...